JUDGMENT

R.M.SAHAI, J.

(1) THIS appeal filed by a tenureholder, from the State of Maharashtra, has questioned the manner of calculation of ceiling area under Section 3(3(i) of the Maharashtra Agricultural Lands (Ceiling on Land Holdings) Act, 27 of 1961 (as amended by Act 21 of 1975 (hereinafter referred to as the Act).

(2) WHAT was claimed by the tenureholder was that he had two unmarried daughters on the relevant date. Therefore, the ceiling authority, while calculating the ceiling area of the family, should have taken into account the liability of the family for the maintenance and marriage expenses of these daughters. And their share in the land should have been notionally worked out and so much of the area, as would have been found sufficient for their maintenance, should have been excluded while determining the ceiling area of the appellant. The basis for such claim was a decision given by the Bombay High court in Manaklal Nathamal v. State of Maharashtra. It was held that at the time of carving out a notional clause in terms of Section 3(3(i) of the Ceiling Act, what the ceiling authority has to do is to notionally ascertain the shares of the copa